Preying on Seniors | Elderly vulnerable to abuse at home

Dec. 20, 2010

Aging and in poor health, Hans and Martha Rau wanted only to stay in their home of 45 years. But a home care agency they hired provided two workers in a row who stole from them -including cash, jewelry and even their wedding rings. Their son, who lives in Florida. says the problem points out lax oversight of such agencies and he argues better regulation is needed to keep caregivers from exploiting the elderly. (Kylene Lloyd, The Courier-Journal) July 15th, 2010 / cj

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Hans and Martha Rau on their wedding day 62 years ago. (Kylene Lloyd, The Courier-Journal) July 15th, 2010 / cj

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Most elderly people want nothing more than to live the rest of their lives in their homes.

“They fear going into nursing homes worse than death itself,” said Sherry Huff Culp, an ombudsman for nursing home residents in the Lexington area.

Yet it is in their own homes that most cases of abuse, neglect or exploitation of the elderly occur, according to a study of calls to Kentucky's Adult Protective Services.

The study, led by University of Kentucky professor Pamela Teaster, found that 70 percent of reports to the state agency involved alleged mistreatment of adults 60 or older in their homes. Four percent involved elderly people who lived with a friend or relative.

By contrast, only about 10 percent of the reports involved alleged mistreatment of elderly residents in nursing homes or assisted living facilities.

Most of the state's residents over age 60 live in their own homes, according to state statistics. Kentucky has about 26,000 licensed nursing home beds, with 24-hour care, and 6,500 personal care beds for its roughly 800,000 residents 60 or older.

Harriette Friedlander, chief executive officer of ElderServe, a nonprofit agency that helps seniors in the Louisville area, said the elderly need to be more aware of what constitutes abuse and fraud and what to do about it.

And others in the community must realize it's also their responsibility to recognize and report problems, Friedlander said. State law requires that anyone who suspects elder abuse report it to Adult Protective Services at the Cabinet for Health and Family Services. People who suspect that a crime has been committed — such as theft or assault — also may call their local police or sheriff's department.

Jennifer Leibson, an assistant Jefferson County attorney who prosecutes adult abuse, said she believes it is drastically underreported. “It's so easy to negate signs of abuse in an older person,” she said. “We as a society need to stop that.”

Adult children present the greatest risk to an elderly person — they accounted for 37 percent of the suspected perpetrators in Teaster's study, released this year. Adding other family members, such as spouses, siblings or grandchildren, raised the percentage of suspects related to the victim to about 63 percent.

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Nikki Henderson, an investigator with the Kentucky attorney general's office, said it's easier for elderly people to be victimized at home because they may become isolated. And if family members are the perpetrators, it's much more likely to go unreported.

Some years ago, Henderson said, police investigated a case in St. Matthews involving the death of an elderly woman found lying in feces in her garbage-filled home.

The cause of death was a severe skin infection, said Brad Jeffrey, a former St. Matthews police officer who investigated the case.

Jeffrey said neighbors in the middle-class neighborhood didn't realize that the woman still lived in the home and that her adult son, her caretaker, had stopped taking her to her doctors' appointments.

The son was charged with neglect but was found mentally incompetent to stand trial, Jeffrey said.

“This lady didn't have to die,” Jeffrey said. “She just fell off the radar.”

Henderson said the case illustrates the need for friends and neighbors to stay involved — and not assume someone else is taking care of an elderly person.

“We need to know where our neighbors are, and we need to check on them,” she said. “Neighbors can be really helpful in checking on the elderly.”

Advocates say better reporting of crimes against the elderly is essential to punish perpetrators and create a deterrent.

“If you know of anything, please call us,” Sgt. Jerry Thornsberry, head of the Louisville Metro Police Crimes Against Seniors Unit, recently told a group at a local senior residence. “With a crime, we need to get to it while it's going on. We can't do anything if we're not called.”

UNSAFE AT HOME

Caregivers accused of defrauding couple

Staff, including hired in-home caregivers, accounted for 30 percent of those suspected of mistreating the elderly, according to Teaster's study.

Such was the situation with Hans and Martha Rau of Jeffersontown, who turned to a personal care agency for assistance several years ago when their health problems worsened. Hans Rau, 84, has arthritis and Parkinson's disease, and his wife, 81, has arthritis and dementia.

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The couple were determined to remain in their home of 45 years and rejected the suggestion of their son, Tom, that they move close to him in Florida.

But over about 12 months, two caregivers were charged with defrauding and exploiting them. More than $30,000 in cash, jewelry and valuables were stolen, including gold wedding bands the couple had exchanged before their 1948 ceremony, according to court records.

Amie Hatler McCoy pleaded guilty to theft, exploiting an adult, forgery and fraudulent use of a credit card. She was sentenced to five years' probation and ordered to pay $1,079 in restitution, according to court records.

Charges are pending against the other worker, Elizabeth K. Williams. She pleaded not guilty, and proceedings in her case have been delayed several times because of scheduling conflicts. Her trial is now scheduled for March.

The Raus said they were devastated by the ordeal, and it caused them to abandon plans to remain in their home.

In November 2009, they sold their house and moved to the Forum at Brookside, a senior community in eastern Jefferson County. The decision was very painful for the couple, Hans Rau said.

“You should feel safe in your own home,” he said in a statement filed in the court case of one of the two workers.

COPING WITH COURT

Agency helps seniors navigate legal process

When elder abuse victims press charges, they may face obstacles. Delays in court cases and the complexities of the criminal justice system are especially difficult for the elderly, advocates say.

Officials at ElderServe, which offers free assistance for crime victims 60 or older, say problems include lengthy waits at the Jefferson County courthouse, frequent delays, and the difficulty of getting to and parking at the Judicial Center in downtown Louisville.

A victim might wait outside the courtroom for hours for the case to be called, said Shannon Gadd, director of ElderServe's Senior Crime Victims Assistance Program.

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“The waiting times are out of control,” she said.

Transportation to the courthouse also is a problem for elderly people who don't drive or can't walk far from a parking garage, Gadd said. ElderServe will arrange transportation in those cases.

Sometimes an ElderServe worker will pick up a client, wait with the person at the courthouse, explain the proceedings and take the person home afterward, she said.

“We speak legalese and we speak victimese,” Gadd said.

ElderServe also assists the elderly in obtaining emergency protective orders against spouses or other family members who have hurt or threatened them, she said.

And it provides emergency services to crime victims, including temporary care in the home for someone who has been injured or help in finding a temporary place to stay if the home isn't safe.

Gadd said the community's best hope of protecting the elderly is to allow them to live in peace and with dignity at home.

“There's so much information that needs to be shared,” she said. “If we can get to someone before someone asks them for money, for a loan or to cash a check, if we can get to them before the money leaves their hands, that would change things so much.”